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How Does a Workers' Comp Claim Differ from Personal Injury?

Both workers’ comp and personal injury claims are injury cases. However, although alike, these two types of claims are very different, both in the outcome and in how they are filed. Discover the differences between them with the attorneys of Jenkins Utley, P.C. in Atlanta, Ga.

Differences Between Workers’ Comp and Personal Injury Claims

The main difference between these two claims is the fault associated with them. In a personal injury claim, fault must be proven to show that the person or company being sued was negligent, or caused the injury in some way.

In a workers’ comp claim, fault doesn’t need to be proven. Under workers’ compensation laws and regulations, even if the worker caused the injury, due to negligence or improperly following safety rules, their care will still be covered under workers’ comp.

Workers’ Comp Claims

With workers’ comp claims, the injured person must have been injured on the job or in line with normal work duties to file a claim. These are the only requirements to file. Under workers’ comp, the injured worker receives medical care, either through the workers’ comp insurance company or through company-sponsored clinics. They may also be entitled to a percentage of their wages while off the job, compensation for permanent injuries, and retraining for another position if they can no longer perform their original duties in their pre-injury position.

If an employee files a claim under workers’ comp, they waive their right to sue a company for personal injury, so it’s important for the injured person to understand their rights in these situations. If the worker believes that they have been injured outside of the normal risks associated with their job, they may wish to file a personal injury claim instead. These situations can include:

  • Defective products or manufacturing
  • Toxic substance injuries
  • Injuries caused by an employer’s intentional or harmful conduct
  • Lack of workers’ compensation insurance

Personal Injury Claims

Personal injury claims extend beyond workers’ comp claims. They can include slips and falls, automobile accidents, animal bites, or injuries due to unsafe conditions, and do not have to occur at the injured party’s workplace.

Unlike workers’ comp claims, there must be proof in a personal injury case with evidence that the defendant was negligent or at fault for the injury. Personal injury cases also seek damages beyond workers’ comp claims such as pain and suffering, loss of future earning capacity, and property damages, on top of medical expenses and lost wages.

Contact the Personal Injury & Workers’ Comp Attorneys in Atlanta Today

The personal injury and workers’ comp attorneys at Jenkins Utley, P.C. in Atlanta can help if you’ve been injured. They can help you determine whether to file a workers’ comp or personal injury claim and help you seek compensation. Contact Jenkins Utley, P.C. today at (404) 334-3013 for a free consultation or book a consultation online.